In re Bass
U.S. Circuit Court for the Southern District of Georgia
In bankruptcy. This was a petition filed by [John F. Picket] the assignee in bankruptcy to review the decision [unreported] of the bankrupt court denying an order asked for by the assignee, directing him to “sell sufficient of the property of the bankrupt, [Miles Bass,] in which the homestead exemption had been waived, to satisfy the claim in favor of which the waiver had been made.” 1. A waiver of the homestead exemption is valid and binding in Georgia, and the debt in…
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In bankruptcy. This was a petition filed by [John F. Picket] the assignee in bankruptcy to review the decision [unreported] of the bankrupt court denying an order asked for by the assignee, directing him to “sell sufficient of the property of the bankrupt, [Miles Bass,] in which the homestead exemption had been waived, to satisfy the claim in favor of which the waiver had been made.” 1. A waiver of the homestead exemption is valid and binding in Georgia, and the debt in favor of which the waiver is made may be enforced against the exempted property: Bush v. Lester, 55 Ga. 579; Simmons v.…
1Opinion of the Court
BRADLEY, Circuit Justice.
The only property possessed by the bankrupt in this case, beyond the articles exempted by the bankrupt act (amounting to five hundred dollars in value) was claimed by him as homestead property, under the constitution and laws of Georgia, and therefore exempt from the claims of ordinary creditors by the state law, and it is conceded that if this homestead claim is admissible, the property is covered by it. But only one creditor has proved under the bankruptcy, being a partnership firm, one of whom was appointed assignee. This debt is represented by several promissory…
2Cited by20 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- McKenney v. CheneySupreme Court of Georgia · 1903
- In re CampDistrict Court, N.D. Georgia · 1899
- In re LittleDistrict Court, N.D. Iowa · 1901
- In re WellsDistrict Court, W.D. Arkansas · 1900
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